Extracted Text

The following text was automatically extracted from the image on this page using optical character recognition software:

Honorable Timothy D. Yeats .- Page 2 (JM-508)

is not within five miles of the corporate limitsof the city of Bi:$ Spring as provided in section 7of article 974a (section 7 was transferred fromTexas Penal Code article 427b by authority ofsection 5 of Ac1:s 1973, 63rd Legislature, page995, chapter 399, enacting the new Texas PenalCode)?5. If Attornaey General Opinion C-695 is acorrect statement of the law, then, is it truethat the plattiag statutes can be completelycircumvented by t'.e developers using the proceduredescribed above?6. Would the subdivider who utilizes the abovedescribed procedure be in violation of article6626c of the Texz.s Revised Civil Statutes (formerarticle 1137h of the Texas Penal Code which wasreferred to on p.ge 3 of Attorney General OpinionC-695) by either recording the deeds and dedi-catory certificate referred to above or by usingthe metes and bounds description in the deed andreferring to the streets and alleys which werededicated to the use of the public in thededicatory certificate?7. If the county clerk is required to recordthe deeds and c.edicatory certificates notwith-standing a failure to comply with the abovereferenced platting statutes then what procedurescan the city and county utilize to get the sub-dividers to comply with the platting statutes andthe city's subdivision development ordinance?This office has recently issued an opinion discussing therelationship among articles 974a and 6626aa, V.T.C.S., and section12.002 of the Property Code. See Attorney General Opinion JM-365(1985). In Attorney Genrral Opinion JM-365 (1985) the attorneygeneral concluded that within the city of Palestine's one-mileextraterritorial jurisdici:ion, as determined by article 970a,V.T.C.S., a subdivision plat shall not be filed without complying withboth articles 974a and 6626aa rather than section 12.002 of theProperty Code. Thus, the subdivision plat must have prior approval byboth the city of Palestine and the county of Anderson before it may befiled by the county clerk. Attorney General Opinion JM-365 (1985).It should also be noted that both article 6626aa, V.T.C.S., andsection 12.002 of the Property Code require compliance with article974a, V.T.C.S.